Action Note

Background

Currently, HALLEX does not provide explicit instructions on handling claims involving a subsequent application. This transmittal introduces a chart which directs the analyst's disposition of a subsequent application submitted for escalation and/or consolidation with a request for review. Further, the transmittal revises and expands sections of HALLEX which pertain to the handling of claims involving a subsequent application.

Explanation of Content and Changes

The information in section I-3-085 is new. We designated section I-3-085 to I-3-086 and expanded it to add instructions regarding subsequent applications.

The transmittal adds section I-3-121, which delineates appropriate action when a claimant files a new application while a request for Appeals Council review is pending.

The transmittal adds Exhibit 24 to section I-3-190. This is a branch screening chart regarding disposition of subsequent application materials submitted for association with a pending request for review of a hearing decision or dismissal.

The transmittal also revises section I-3-510 to direct that if the Office of Appellate Operations (OAO) receives a subsequent application under the same title, the analyst must instruct the release clerk to send the new application materials to the servicing field office. Further, we revised I-3-510 to reflect the change to the Form HA-520-U3 (Request for Review of Hearing Decision/Order) eliminating the 15-day period for a claimant to forward additional evidence to the Appeals Council.

Insert

I-3-084, OAO Branch Screening for Requested Extensions of Time or for Copies of Material, dated June 30, 1994 and I-3-085, OAO Branch Screening on Receipt of a Subsequent Claim, through I-3-086 cont., dated November 10, 1994 (3 pages).